The 2nd U.S. Circuit Court of Appeals in Manhattan said it was “simply incompatible with common sense and experience to hold that defendants were required to design and construct a building that would survive the events of September 11, 2001.”

Con Edison, which has been leasing the western half of the 51 Park Place building to the developer, is demanding $1.7 million from the developer after a new appraisal boosted rent to $47,000 a month from $2,700.

Manhattan Borough President Scott Stringer said that a “little-known surcharge” has taken $342 million from the city via Con Ed bills for renewable energy projects, but less than $8 million in jobs has been returned to the city.